Terms of Use

Oursky Ltd. and its subsidiaries and affiliates (hereinafter collectively "FONCEPT.com") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By using and/or visiting the www.foncept.com Website or any other Websites owned by FONCEPT.com (collectively the "Website"), you signify your assent to both these Terms of Use and the FONCEPT.com Privacy Policy. You are requested to contact us at info@foncept.com if you have any questions about the Terms of Use.

Registration

A person who desires to have access to and use the services offered by FONCEPT.com may be registered and identified as a Member.

By ticking off the box “I have read the Terms of Use of FONCEPT.com, and I accept them”, you acknowledge being informed of the content of these Terms of Use and you commit to comply therewith.

For proper registration with FONCEPT.com, you must fill out all of the mandatory spaces required in the registration form. Any personal information collected will monitored by FONCEPT.com Privacy Policy. This registration gives you access to FONCEPT.com Services.

Use of identifier and password

The identifier and password are strictly private, and under no circumstance will they be shared with or communicated to third parties. This identifier and password permit you to access the Services offered by FONCEPT.com, as well as to your Private Profile. The items of identification are placed under the responsibility of each Member, who must use them in accordance with these Terms of Use.

Each Member guarantees FONCEPT.com against any wrongful use of, and/or source of injury from, his items of identification, whether or not fraudulent, due to his own acts or omissions or to those of third parties. FONCEPT.com states that it is not required, and does not have the technical means, to verify the identity of persons subscribing to its Services. FONCEPT.com disclaims all liability in the event of usurpation of elements of Members’ identification and/or identity.

If a Member becomes aware of or suspects a fraudulent use, he must immediately advise FONCEPT.com by sending an e-mail to info@foncept.com

Use of FONCEPT.com

FONCEPT.com cannot ensure that the site will function without interruption and errors, particularly in the following cases:

• faulty use of the Site due to unsuited equipment ;
• malfunctioning imputable to your Internet service provider;
• footprint of the Internet network.

FONCEPT.com may change, suspend, discontinue the Services at any time for any period without being liable therefor to any users or any other person.

Obligations of the User

FONCEPT.com is a website that offers you various services such as scoring design and comment design. To use FONCEPT.com services, you are required to accept the terms of use thereof. Otherwise, you cannot use them.

You accept the terms and conditions of use:

Either, upon your registration, by ticking off the box “I read the terms of use of FONCEPT.com, and I accept them”, thereby acknowledging that you are aware of the content of these Terms of Use and commit to comply therewith

Or by using FONCEPT.com services.

Use of Works

Each Work is made available to Users pursuant to a specified license(e.g. Creative Commons license) identified by an icon. By clicking on that icon, you will know the conditions under which the Designers and FONCEPT.com authorize you to use his Work.

You commit to strictly comply with the terms and conditions of use and, more generally, to refrain from infringing on the Designers’ and FONCEPT.com intellectual property rights.

If you think that a Work might be a plagiarism or an obvious forgery of another work, whether or not provided by FONCEPT.com, you commit to refer such matters to FONCEPT.com by sending an e-mail to info@foncept.com.

Use of comment design and design submission

In general, you commit to post reasonable remarks and to behave in an upright manner in relation to FONCEPT.com, its partners, and all of the Members.

You also commit to comply with the intellectual property rights related to the Content to which you have access when using the Services. You agree that any text, information, data, hypertext link, music, photograph, drawing, video, message, tag or any other materials transmitted in your Profile and/or during your exchanges within FONCEPT.com are distributed to the Members under your own responsibility.

You therefore commit to conduct yourself in a reasonable and respectful way and, most particularly, to refrain from:

• posting, imitating, indicating or distributing in any form information that may directly or indirectly harm any third party (natural person, legal entity or group of persons) ;
• issuing, distributing or passing on information of such a nature as to be slanderous, insulting, obscene, immoral, offensive, violent or provocative of any form of political, racist or xenophobic violence (physical, verbal or moral)and, more generally, in violation of the laws in effect;
• distributing any personal information and/or Content regarding a Member or any third party without his or her express consent ;
• posting, distributing or passing on any content in whole or in part, whether alone, integrated or in association with other Content, that infringes on the intellectual property rights of its author and/or successors-in-title;
• posting, distributing or passing on information or Content, or using technologies of such a nature as to diminish, disorganize and/or prevent the normal circulation of Services, such as software, viruses, repetitious sending of messages, etc.

You commit to advise FONCEPT.com of the presence of any remark, message, Content and/or hypertext link that does not meet the aforesaid requirements by sending an e-mail to info@foncept.com.

You have the right to access, modify, change or delete your data. You may request that your contributions to FONCEPT.com be eliminated by sending an e-mail to info@foncept.com.

Links and Content

Content at your disposal may include hypertext links to websites other than the FONCEPT.com site or to other Internet sources.

As FONCEPT.com cannot exert control over all of these sites, it disclaims all liability for the nature and/or use of the Content thereof.

If you desire to use the content of these sites, you must take cognizance of the terms and conditions of use thereof.

Intellectual Propriety

Except for elements of intellectual property otherwise specified, FONCEPT.com alone is the owner of the intellectual property rights in the trademarks, patents, logos, graphics, photographs and animations contained in the Site, which elements cannot be reproduced without the express authorization of FONCEPT.com and/or its partners.

In that regard, FONCEPT.com grants you a license that is strictly limited for access, downloading, printing, reproduction on all media and utilization of the aforesaid elements for your private use, in the context and for the period of your registration in the Services.

By submitting Content of any kinds to FONCEPT.com, you grant it a license for distribution thereof on the site to the other Members. Hence, you authorize FONCEPT.com to reproduce, represent, translate, digitize and use all of the Content and information that you provided in the Services, whether or not for advertising and commercial purposes. You also authorize FONCEPT.com to grant all of these rights to any third parties or partners, which they shall exercise pursuant to these Terms of Use. You further authorize FONCEPT.com to modify said Content in order to adapt it to the Services’ graphics.

Limitation on Liability

FONCEPT.com OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS, OPPORTUNITY, BUSINESS INTERRUPTION, OR DATA ARISING IN OR IN RELATION TO THESE Terms of Use, THE USE OF THE SERVICES OR THE WEBSITE.

Updates to Terms of Use

Date: Sept, 2008